New York Times Accuses EEOC of First-Amendment Retaliation

In May 2026 the Equal Employment Opportunity Commission (EEOC) filed a civil-rights suit in U.S. District Court in Manhattan alleging that The New York Times unlawfully discriminated against a white male editor who applied for the deputy real-estate editor position in 2025. The Times’ lawyers responded with a counter-claim that the EEOC’s action is “retaliatory” for the newspaper’s coverage of the Trump administration and therefore violates the First and Fifth Amendments.

New York Times

The complaint originated from an editor on staff who sought the 2025 promotion, which was ultimately awarded to a multiracial woman. EEOC employees have recently described internal pressure to bring cases alleging discrimination against white men and antisemitism on college campuses. The Times noted that the agency’s lawsuit was filed days after it published two stories about the EEOC, and after President Donald Trump and his aides publicly criticized the newspaper for reporting on topics such as the president’s proposed White House ballroom, his health, and the war with Iran.

New York Times

The Times’ filing characterizes the EEOC’s suit as “the commission’s retaliatory, bad-faith use of its authority to target The Times,” arguing that it threatens a free and independent press. The EEOC’s complaint, by contrast, frames the case as a standard employment-discrimination action under federal civil-rights law.

New York Times

Legal analysts cited in the filing contend that using the EEOC’s enforcement powers to punish a media outlet for its editorial coverage could set a “uniquely insidious” precedent, potentially chilling investigative journalism.

New York Times

• “The commission’s retaliatory, bad faith use of its authority to target The Times violates the First and Fifth Amendments” — New York Times lawyer

New York Times

• “poses a uniquely insidious threat to a free and independent press,” — New York Times lawyer

New York Times